An
Act to provide legal recognition carried out by means of electronic date
interchange and other means of electronic communication, commonly referred
to as "electronic commerce" which involve the use of alternative to
paper-based methods
of communication and storage of information, to facilitate electronic
filing of documents with the Government agencies and further to amend the Indian
Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act,
1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or
incidental thereto.

Whereas the General
Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce
adopted by the United Nations Commission on International Trade Law; And Whereas the said resolution recommends inter alia that all States
give favourable consideration to the said Model Law when they enact or revise
their laws,in view of the need for uniformity of the law applicable to alternatives
to paper-based methods of communication and storage of information;

And Whereas it is
considered necessary to give effect to the said resolution and to
promote efficient delivery of Government services by means of reliable
electronic
records.

Be it enacted Parliament
in the Fifty-first Year of the Republic of India as follows: -

1. Legal recognition of electronic records
2. Legal recognition of digital signatures
3. Use of electronic records and digital signatures in Government and
its agencies
4. Retention of electronic records
5. Publication of rule, regulation, etc., in Electronic Gazette
6. Section 6, 7, and 8 not to confer right to insist document should be
accepted in electronic form
7. Power to make rules by Central Government in respect of digital signature

1. Penalty of damage of computer, computer system, etc.
2. Penalty for failure to furnish information, return, etc.
3. Residuary penalty
4. Power to adjudicate
5. Factors to be taken into account by the adjudicating officer

1. Establishment of Cyber Appellate Tribunal
2. Composition of Cyber Appellate Tribunal
3. Qualifications for appointment as Presiding Officer of the Cyber Appellate
Tribunal
4. Term of officer
5. Salary, allowances and other terms and conditions of service of Presiding
Officer
6. Filling up of vacancies
7. Resignation and removal
8. Orders constituting Appellate Tribunal to be final and not to invalidate
its proceedings
9. Staff of the Cyber Appellate Tribunal
10. Appeal to Cyber Appellate Tribunal
11. Procedure and powers of the Cyber Appellate Tribunal
12. Right to legal representation
13. Limitation
14. Civil court not to have jurisdiction
15. Appeal to High Court
16. Compounding of contraventions
17. Recovery of penalty

1. Tampering with computer source documents
2. Hacking with computer system
3. Publishing of information which is obscene in electronic form
4. Power of Controller to give directions
5. Directions of Controller to a subscriber to extend facilitates to
decrypt information
6. Protected system
7. Penalty for misrepresentation
8. Penalty for breach of confidentiality and privacy
9. Penalty for publishing Digital Signature Certificate false in certain
particulars
10. Publication for fraudulent purpose
11. Act to apply for offence or contravention committed outside India
12. Confiscation
13. Penalties or confiscation not to interfere with other punishments
14. Power to investigate offences

CHAPTER XIII : MISCELLANEOUSDetails
1. Power of police officer and other officers to enter, search, etc.
2. Act to have overriding effect
3. Controller Deputy Controller and Assistant Controller to by pubic
servants
4. Power to give directions
5. Protection of action taken in good faith
6. Offences by companies
7. Removal of difficulties
8. Power of Central Government to make rules
9. Constitution of Advisory Committee
10. Power of Controller to make regulations
11. Power of State Government to make rules
12. Amendment of Act 45 of 1860
13. Amendment of Act 1 of 1872
14. Amendment of Act 18 of 1891
15. Amendment of Act 2 of 1934